D.U.I blood test 0.8

[quincy]

Avg cost for an attorney $200.00-$500.00 Per hour.

Source?

DUI attorneys can provide services at an hourly rate or for a flat fee. These rates may or may not include "extras."

 

[Just Blue]

Source?

DUI attorneys can provide services at an hourly rate or for a flat fee. Hourly rates may or may not include "extras."

Nope. No source. I was guessing.

 

[quincy]

Nope. No source. I was guessing.

Ah. Well I think your guess is off.

Here is a link to the Bureau of Labor Statistics: https://www.bls.gov/oes/current/oes231011.htm#st

Lawyers, on average, do not make anywhere near what most people think they make.

 

[HighwayMan]

Ah. Well I think your guess is off.

Here is a link to the Bureau of Labor Statistics: https://www.bls.gov/oes/current/oes231011.htm#st

Lawyers, on average, do not make anywhere near what most people think they make.

I would have guessed the same range that Bambi came up with.

Your link doesn't deal with hourly rate. Yes, most attorney's don't make as much as most think - not due to the hourly rate but rather the struggle to get enough billable hours in a week. I would think that the hourly wage numbers in your link are based upon gross income for the week divided by hours worked. Hours worked is almost certainly far higher than the number of billable hours worked.

My significant other is an attorney (not one of the rich ones unfortunately ) and her goal is to get three billable hours a day. She often falls short of that goal. She's a sole practitioner with no paralegal or secretary so she ends up doing a lot of work that she cannot bill for.

 

[quincy]

I would have guessed the same range that Bambi came up with.

Your link doesn't deal with hourly rate. Yes, most attorney's don't make as much as most think - not due to the hourly rate but rather the struggle to get enough billable hours in a week. I would think that the hourly wage numbers in your link are based upon gross income for the week divided by hours worked. Hours worked is almost certainly far higher than the number of billable hours worked.

My significant other is an attorney (not one of the rich ones unfortunately ) and her goal is to get three billable hours a day. She often falls short of that goal. She's a sole practitioner with no paralegal or secretary so she ends up doing a lot of work that she cannot bill for.

My link was not meant to show hourly rates charged by attorneys but to support the statement I made following the link. Sorry if that confused.

Those who work for a firm are salaried but still are required to bill X number of hours (if they want to keep their job ). But, yes, attorneys generally do a lot of work for which they are not compensated.

The BLS link I provided has 2016 information. The 2017 information is available later this month. What I linked to are means and include all lawyers (general practictioners to patent attorneys) and hourly means. The mean hourly wage for all lawyers in California (as of May 2016) is $77.89.

That is NOT meant to say that this is the attorneys hourly RATE charged for services. It's not. The best way to find out how much DUI attorneys charge in any area is to call and ask them. Attorney rates can vary so substantially depending on area and specialty and experience that giving averages is difficult and sort of meaningless. But I was curious if Bambi had a source.

Although what an attorney charges is an important factor to consider, hiring the one who charges the least may be no bargain if the lawyer doesn't know what he is doing and hiring the most expensive lawyer doesn't guarantee success. Cost, experience, record, personality ... all need to be considered.

 

[CdwJava]

The average retainer for a DUI attorney (one who specializes in these offenses) in my region tends to be in excess of $10,000 ... NOT counting trial. Most that I am personally aware of have spent in the ballpark of $15,000 for a contested case.

juanoch, as others have stated, 0.08 BAC is the per se level for DUI. In other words, if the state can show that you had a BAC of .08 then there is a legal presumption that you were impaired. And, it is possible that a blood test came back in 2 hours, but doubtful. If the blood was drawn and processed at a hospital, it is certainly possible. But, such hospital tests can be subject to legal challenge as it might concern the BAC since hospitals test blood differently than the DOJ and local crime labs. Unless you saw the actual chemical result, what likely happened was that the officer presumed a BAC of .08 or greater and issued you a DS 367 (also called the Admin Per Se form) that informs you of a pending license suspension for having a BAC of .08 or greater. Ultimately, the DMV will wait for the lab test results before affirming the suspension.

No matter the outcome of any criminal case, you face a one year suspension for refusing a chemical test. Even if no charges are eventually filed, you face the suspension. And, since you say you refused the chemical test and the officer got a "court order" I presume that he obtained a search warrant for your blood.

Oh, and all DUI cases not involving injury or death are misdemeanors, so it's not like you got a break there. You DID get a break when the officer chose not to tow your car. Though, the circumstances may have been such that there was no legal way to tow it, so I'm not sure if the officer cut you a big break, oir, he was faced with no real choice.

As others have stated, you need an attorney. If you cannot afford a DUI attorney, you can retain a general criminal defense attorney. And, if you cannot afford an attorney, you can ask the court to appoint you counsel.

You might want to enter into alcohol counseling or treatment before court to make yourself look better. You are very fortunate that you did not injure or kill anyone. It may well be time to reconsider your alcohol consumption. The life you save might be someone you care for ... or I do.

 

[quincy]

The average retainer for a DUI attorney (one who specializes in these offenses) in my region tends to be in excess of $10,000 ... NOT counting trial. Most that I am personally aware of have spent in the ballpark of $15,000 for a contested case.

juanoch, as others have stated, 0.08 BAC is the per se level for DUI. In other words, if the state can show that you had a BAC of .08 then there is a legal presumption that you were impaired. And, it is possible that a blood test came back in 2 hours, but doubtful. If the blood was drawn and processed at a hospital, it is certainly possible. But, such hospital tests can be subject to legal challenge as it might concern the BAC since hospitals test blood differently than the DOJ and local crime labs. Unless you saw the actual chemical result, what likely happened was that the officer presumed a BAC of .08 or greater and issued you a DS 367 (also called the Admin Per Se form) that informs you of a pending license suspension for having a BAC of .08 or greater. Ultimately, the DMV will wait for the lab test results before affirming the suspension.

No matter the outcome of any criminal case, you face a one year suspension for refusing a chemical test. Even if no charges are eventually filed, you face the suspension. And, since you say you refused the chemical test and the officer got a "court order" I presume that he obtained a search warrant for your blood.

Oh, and all DUI cases not involving injury or death are misdemeanors, so it's not like you got a break there. You DID get a break when the officer chose not to tow your car. Though, the circumstances may have been such that there was no legal way to tow it, so I'm not sure if the officer cut you a big break, oir, he was faced with no real choice.

As others have stated, you need an attorney. If you cannot afford a DUI attorney, you can retain a general criminal defense attorney. And, if you cannot afford an attorney, you can ask the court to appoint you counsel.

You might want to enter into alcohol counseling or treatment before court to make yourself look better. You are very fortunate that you did not injure or kill anyone. It may well be time to reconsider your alcohol consumption. The life you save might be someone you care for ... or I do.

Yikes! That figure seems prohibitively expensive for the cost of the attorney. That resembles more closely the total cost for a first DUI (with fines, classes, etc included).

 

[FlyingRon]

officer never told me why he placed me under arrest

Not obliged to.

Never read me my rights.

Not necessary unless he wishes to question you after the arrest.

I pleaded the 5th and he continued to ask me to take a blood test and question me.

You don't get to "plead the fifth" on the blood test. There's a thing called implied consent when you get your license. This law makes it illegal for you to turn down the chemical test. The officer is obliged to warn you that this is the case. You can still refuse, but you risk additional license suspensions and possible jail time for the refusal, and he can still get a warrant to compel the test.

Asking for you to provide the chemical test sample and telling you that there are penalties for failure to do so is not "questioning."

 

[not2cleverRed]

officer never told me why he placed me under arrest ,I mean he handcuffed me and took me away but never told me why he was placing me under arrest.Never at one point ,they just assumed i was drunk as there was no documented field sobriety test.Never read me my rights.I pleaded the 5th and he continued to ask me to take a blood test and question me.

There was no documented field sobriety test because YOU REFUSED IT. You can't refuse a field sobriety teat, tell the officer to just arrest you because he asked if you had been drinking, and then claim you should be cut some slack because there was no field sobriety test. Talk about circular logic!

 

[xylene]

There was no documented field sobriety test because YOU REFUSED IT. You can't refuse a field sobriety teat, tell the officer to just arrest you because he asked if you had been drinking, and then claim you should be cut some slack because there was no field sobriety test. Talk about circular logic!

Honestly, that's how dui defense works. Attack the probable cause for arrest. Field sobriety tests are not mandatory.
"You'll have to arrest me." is not an admission of guilt, it's a refusal to cooperate with the investigation.

 

[FlyingRon]

I've seen online quotes of $2500 for a DUI case (I presume that's only the criminal side and not the DMV admin hearings). Still sounds a bit low. Around here a misdemeanor criminal case fee of $2700 only gets you to the prelims. Of course, DUI might be a little cookie cutter so the fees can be less.

 

[quincy]

I've seen online quotes of $2500 for a DUI case (I presume that's only the criminal side and not the DMV admin hearings). Still sounds a bit low. Around here a misdemeanor criminal case fee of $2700 only gets you to the prelims. Of course, DUI might be a little cookie cutter so the fees can be less.

Michigan DUI attorneys charge fees ranging from a low of $1500 flat rate to $5000 flat to represent a first offender up to a trial. Most DUIs are settled before trial.

There was a public service ad that ran on TV in Michigan a couple of years ago that said a DUI could cost a drunk driver $10,000. That amount includes towing fees, bail, court fees, license reinstatement fees, probation costs, ignition interlock fees, classes/treatment costs, insurance increases, driver responsibility fees (just eliminated by our Governor), and attorney fees. An update shows total cost of around $15,000. A clever graphic shows the costs in a way some offenders might better understand: https://www.michigan.gov/documents/msp/GRAPHIC-_Ultimate_12_days_of_Christmas_and_DUI_Cost_371257_7.pdf

The attorney fees generally are not the biggest cost, in other words (except perhaps in Carl's area of California )- and an attorney could actually help reduce for an offender the other costs that can come with a DUI.

But whatever attorney juanoch finds and at whatever cost, the DUI will be a costly one unless the attorney he hires can work a few miracles.

 

[CdwJava]

Yikes! That figure seems prohibitively expensive for the cost of the attorney. That resembles more closely the total cost for a first DUI (with fines, classes, etc included).

Yeah ... it's even more perplexing when you understand that most DUI attorneys tend to negotiate plea deals!

The lowest retainer for a specialized DUI attorney I have knowledge of is $8,000. And I have known people who have spent upwards of $25,000 to fight a misdemeanor DUI (first offense)!!! I don't get it, either. I think that sometimes the goal is to delay, delay, delay, and hope to ultimately derail the case, or, wear down the DA for a plea offer. The most egregious first offender case I know of (the one that went over $25k) took nearly 3 years to resolve, involved multiple motions (Pitchess and evidenciary), a defense witness (and public figure) being censured by the court and the jury instructed to disregard his entire testimony when it came out that he lied (goes to show how tough a perjury case can be), and private investigators following prosecution witnesses and officers around trying to get dirt. It didn't work, but, it was a heck of a tale!

 

[CdwJava]

Honestly, that's how dui defense works. Attack the probable cause for arrest. Field sobriety tests are not mandatory.
"You'll have to arrest me." is not an admission of guilt, it's a refusal to cooperate with the investigation.

It is also a two edged sword. Without SFSTs, the officer is left with his observations both of driving and the contact. Absent the SFSTs, observations that may have had other innocent explanations can remain as incriminating. I have never lost a DUI even when they have refused the SFSTs. But, then, I know what I am looking for. That may not always be the case.

 

[CdwJava]

Michigan DUI attorneys charge fees ranging from a low of $1500 flat rate to $5000 flat to represent a first offender up to a trial. Most DUIs are settled before trial.

There was a public service ad that ran on TV in Michigan a couple of years ago that said a DUI could cost a drunk driver $10,000. That amount includes towing fees, bail, court fees, license reinstatement fees, probation costs, ignition interlock fees, classes/treatment costs, insurance increases, driver responsibility fees (just eliminated by our Governor), and attorney fees. An update shows total cost of around $15,000. A clever graphic shows the costs in a way some offenders might better understand: https://www.michigan.gov/documents/msp/GRAPHIC-_Ultimate_12_days_of_Christmas_and_DUI_Cost_371257_7.pdf

The attorney fees generally are not the biggest cost, in other words (except perhaps in Carl's area of California )- and an attorney could actually help reduce for an offender the other costs that can come with a DUI.

But whatever attorney juanoch finds and at whatever cost, the DUI will be a costly one unless the attorney he hires can work a few miracles.

Heck, out here, a criminal defense attorney retainer for cases NOT including trial often vary between $3000 and $5000, with the lowest I have seen locally being $2500. It may be because where I live, many of these same attorneys also work for scale as appointed legal counsel, so in order to make up for the lower fees when appointed by the courts, they have to ask for higher private fees ... though, this is just a guess on my part. I am friends with some of the attorneys and a couple of judges, but I do not make a point of talking about rate structures ... poor form.